The Solution

Eliminate Long Term Nursing Home Care Costs

Cover 100% of Nursing Home Costs AND Protect Your Assets

If you currently have a family member in a Nursing Home and you are paying for the Nursing Home bill out of your own assets, or if you want to avoid the financial traps that could needlessly cost you thousands of dollars or disqualify you from benefits in the future, for peace of mind now, you need to act quickly to avoid any further drain on your assets and savings. Learn how to qualify for accelerated benefit payment and how to protect your home and other assets.

Government Now Pays for Long Term Nursing Home Care… Wealth is Not a Barrier

Federal and State of California Public Benefits now pay for nursing home costs regardless of your assets, once you create proper exemptions with professional preparation services. You can keep the family home, and preserve savings and other assets including cash and real estate… if you know how to properly qualify and make proper application. It is called Title 19.

Married or single, whether the individual or couple has $50,000 or $500,000 over the so called “stated limit”, when they obtain professional preparation services ahead of time from us, the Department of Health Care Services will approve the application, and pay for all or a majority of the applicant’s nursing home bills. But, by law, you must act within the time that is allowed. The law is on your side. The department of Health Care Services cannot legally deny an application that is properly prepared to protect your home and your savings, and is properly filed in accordance with proper legal financial strategies.

Keep Family Home and Lifetime Savings

There will be no liens, pay downs or loss of assets. Most, if not all, applicants are allowed to legally qualify to keep everything you’ve worked so hard to accumulate without penalty AND without affecting your eligibility… if you act before it may become to late. We will evaluate your personal facts and tell you how we can help you to qualify, and we will guaranty approval, in writing, or we will refund any fees paid to us. None of our clients has ever been denied approval.

The government will also try take steps for seizure/forfeiture of any assets owned by the nursing home resident beneficiary at the time of death, in order to get reimbursement of all benefits paid, but we can prepare asset protection for this situation also. No client has ever forfeited any assets (cash or otherwise) at the time of death because of government reimbursement collection procedures.

This is not the welfare program, so it is not limited to the poor. Title 19 benefits are federal and state mandated benefits through little known or used provisions in the Social Security Act, Title 19, that are payable for all families who take the time to properly qualify and protect their assets in order to obtain long-term skilled nursing home care benefit payments. Government Benefits are payable under Special Long Term Care Provisions contained in:

Social Security Act
MCAA (Medicare Catastrophic Coverage Act)
Spousal Impoverishment Act
OBRA (Omnibus Budget Reconciliation Act)
DRA (Deficit Reduction Act)
California State Medicaid Manual

Unfortunately, most seniors and their families are not aware of these Statutes and do not know where to go to get the proper advice. Most Families mistakenly believe that they cannot qualify for Government paid Long-Term Nursing Home Care. With our help to get the Government benefits for which you are entitled to qualify, you will be able to accelerate eligibility and protect your Home and Savings. Don’t let nursing home costs consume your savings. But if you do nothing, you remain vulnerable . . . if you wait too long, you can lose your rights!

We Can Help To Qualify All Families

This is not just for poor people who are not allowed to own anything under the laws that exist for the benefit of poor people. Title 19 benefits are separate benefits for all long term care nursing home residents. It applies to all long term care nursing home residents, regardless of ownership of real estate or other assets. The issue is not whether you are “poor enough” to qualify. The issue is whether you have protected and conserved your home and savings so that they do not block qualification, so that you will not be required to spend down or forfeit your home or savings, and so that you are not vulnerable to government seizure/forfeiture at time of death for government recovery of reimbursement to pay-back all benefits previously paid by the government. Once the nursing home-needy person obtains a letter from a doctor stating that the person cannot perform activities of daily living, or suffers cognitive impairment, to the extent that the person needs to transfer to a nursing home for their safety and care, that person is allowed to protect his or her home and savings from spend down, lien, or forfeiture. The government will not tell you how to protect your property. But, the law is on your side, and the government has no choice if you know the laws and the proper financial strategies and techniques. They must approve any application that is properly filed. That’s why we have never had a client denied approval, or subjected to spend down, lien, or forfeiture of their home or their savings.

As stated by President Lyndon B. Johnson when he signed the Social Security Amendment Act into law on July 30, 1965, creating Medi-Care and Medicaid (called Medi-Cal in California):

” . . . . . . No longer will illness crush and destroy the savings that they (older Americans) have so carefully put away over a lifetime so that they might enjoy dignity in their later years. . . . . . “

However, you must plan yourself into the coverage, in order to qualify. It is exactly like tax planning. You need to plan and claim benefit that the government owes to you. We specialize in the special procedures that will secure and protect you. Here are some of the highlights:

It does not matter whether you are poor or not. Wealth is not a barrier to qualifying. Everyone is entitled to seek qualification under the laws, exactly as they are written.
Choose the certified nursing home you wish.
Benefits can pay all or most of nursing home costs. Call us to calculate the amount.
Lifetime benefit.
Can save $100,000 or more a year for each year of nursing home care.
No payback required when qualification is planned correctly.
Protect and keep your home.
Protect and keep your savings.
Nothing to fear. Nothing to hide. 100% legal.
Report everything, and keep our home and your savings
By law you must act before your situation could keep you from qualifying.
There are many exceptions. Call us to see if it is too late for you to qualify.
Special conservation procedures can legally classify home and assets so they are not subject to spend down or reimbursement/recovery liens.
Custom formulated procedures can establish exemptions for assets that would otherwise block eligibility.
No client has ever been denied. 100% approval track record.

Each Case, Each Family & Each Individual Is Unique

No two cases we’ve worked on have been the same. Every case is different and unique. Each family is different, and each protection plan is different. Each person, and each family needs a custom prepared eligibility and asset impact analysis report, based on their particular financial and family situation. Contact us for preparation of your report, at no charge or obligation. Find out the facts.

It is very similar to tax planning. You must plug yourself into the benefits that are available.

You Must Act Now

If you don’t have a plan, the government has one for you. You can make a plan for yourself, or you can default into the government plan that is waiting for you. Do you want your plan, or do you want the government plan?

The government plan confiscates your home and your savings. The way to avoid the government plan is to establish a plan of your own. The time is now to take control and protect your home and your savings so that it stays with you and your family. You can control your financial security, but only if you establish a plan to access government payment and keep your home and your savings.. There is no need to forfeit anything.

Consider these facts:

The long term care laws under the “government plan” are loaded with provisions that could wipe out your lifetime savings and take your home, but they are also filled with golden nuggets (if you know how to mine them), that could help you to end up with more money for yourself and for your loved ones.
It’s all in the way that the laws can be used for your benefit and protection. Under the government plan, the government gets your home. Under your plan, you get your home.
It’s hard to find, connect, and understand the laws, and to figure out how to use them to your financial advantage. Even for professionals. That’s why 90% of all attorneys, even estate planning attorneys, know nothing about long term nursing home care government subsidy planning. They have chosen to educate themselves and practice in other areas of specialization. It’s the government’s best kept secret.

Why Now?

Because, by law, if you wait too long to prepare, you can lose some or all of your opportunities to protect yourself and insure access to government payment benefits. How do you protect yourself? By getting rid of the government plan. How do you get rid of the government plan? You have to replace it with your own plan.

It is not the government’s job to teach you how to get the maximum benefits of the laws. The government calls this “presumption of knowledge”. You are presumed to know the “laws of the land”.

It is your responsibility to find out for yourself.

The government does not tell you about the lawful financial strategies and techniques that provide the planning opportunity to keep everything and still qualify for government payment for long term nursing home care, and to avoid estate claims. liens, forfeitures, and pay-back. The government sets out some of its rules in the Medicare Catastrophic Coverage Act, the Omnibus Budget Reconciliation Act, The Deficit Reduction Act, US Code Title 42 Chapter 7 Subchapter XIX, the State Medicaid Manual Chapter 3 – Eligibility (and don’t forget all the local rules, regulations, policies, and procedures), butthey only tell you the limitations rules. they do not tell you savings techniques and procedures (which are different for each person and family).

But nowhere does the government divulge the powerful legal-financial strategies and techniques that can overcome the restrictions and limitations that they tell about in their published rules. The powerful legal-financial strategies and techniques that are contained in other Federal and State laws, and that provide planning opportunities which you can use to keep your home and savings, choose the nursing home you prefer, not worry about “pay-back”, not worry about government “liens” or reimbursement at death, and still qualify for long term care nursing home payment benefits under Title XIX and Medi-Cal.

The government only publishes some of the laws. They do not tell you about the all-important legal-financial strategies and techniques that you need (how to use the laws for your benefit) in order to successfully navigate the quagmire of government rules and regulations, in order to get the benefits to which you are entitled – – – – the benefits that they don’t tell you about (the benefits you can access if you know the laws, and take the correct steps). That is your responsibility. The government does not teach this to you.

One of the major problems is that you cannot wait until the last moment to act. What if the sick person falls and loses the ability to write, talk, think, etc (incompetency). It can happen at any time. What if something else happens. Even if they are happily residing in an Assisted Living Facility at the present time. Everything can change in an instant! THE TIME TO ACT IS NOW!

Quick Overview

The Medi-Cal Long-Term Care rules are available to help those who are in need of skilled nursing care, from becoming impoverished, via lawful, skillful use of the laws, rules, policies, and regulations. An individual will be eligible for long term care Medi-Cal payment to a nursing home if he or she complies with the rules as described below, and adds little known, legally effective, personal protection strategies, techniques, and procedures to avoid estate claims, liens, forfeitures and pay-back that we utilize for all our clients.

THERE ARE NEW ASSET RULES AS OF 1/1/24. ALL ASSETS OWNED BY THE NURSING HOME RESIDENT PERSON AT TIME OF DEATH (any ownership interest of any kind) WILL BE FORFEITED UNLESS PROTECTED BY USING SPECIAL PROCEDURES. When the sick person dies, the government will seek reimbursement from any and all assets owned by the sick person at the time of death, to obtain pay-back of all benefits paid out . . . . unless we have protected against this. We can eliminate “pay-back”.

SHARE-OF-COST & INCOME ALLOWANCES: The “share-of-cost” is the dollar amount that the applicant must pay towards his or her care. Remember that this is not the Welfare program. It is a share-of-cost program. This will typically be all the income that the Applicant (sick person) receives in his or her name, including Social Security, or pension payments, minus a “Personal Needs Allowance” of $35 per month, and minus the monthly premium to pay any existing medical insurance. An at-home spouse can keep all income in his or her name without limit. And he or she is granted a “Minimum Monthly Maintenance Needs Allowance” of up to $3,435 in year 2022 (adjusted annually). The confined spouse’s share-of-cost can be reduced enough to allow the at-home spouse to retain up to $3,435 in year 2022 of income per month. It may even be reduced to zero by careful planning and with our advance planning protection procedures that we have successfully developed over the last 18 years, and which have been accepted by the government.

GIFTS & ASSET TRANSFERS: Any change in ownership of an asset for less than fair market value is considered as a penalized \”transfer\” (gift). Unlimited transfers are allowed between spouses and certain disabled children without creating disqualification, regardless of the value of the transfer or the point in time when the transfer was made. Asset transfers to anyone besides a spouse, or to an irrevocable trust are subject to a 30-month look back penalty, and could cause a period of ineligibility and forfeiture. (Note, gifting exempt assets will not effect eligibility.) However, we understand, and we have successfully utilized over the last eighteen years, special lawful procedures whereby gifts can be made and assets can be transferred, under our guidance, without incurring an eligibility penalty or forfeiture, with our advance planning protection special legal financiall documents, special family agreements, and special procedures that we have successfully developed over the last 18 years, and which have been accepted by the government.

IRA’S & PENSIONS: An at-home spouse’s IRA and pensions are not counted against the Applicant. However, if the spouse is receiving income from them, then that income will be counted as part of his or her Minimum Monthly Maintenance Needs Allowance. IRA’s and pensions owned by the applicant are not counted against the Applicant if they are under a monthly distribution plan that includes principal and interest. These distributions are counted as income as described in “Share-of-Cost & Income Allowances.”

PRINCIPAL RESIDENCE: The principal residence can be temporarily exempt if there is an “at-home” spouse, a family member, a dependent resident relative, or if the applicant intends to return home (there’s no need to actually be able to return home). In other words, you do not need to sell you home in order to start Entitlement Benefit payments, but if you own your home at the time of your demise, the government will place a claim against it for recovery of every dollar they spent on your Entitlement Benefit payments over the years. This can be avoided with advance planning. Temporary safety can be converted to permanent safety from government claims, with proper planning, and with our advance planning protection procedures that we have successfully developed over the last 18 years, and which have been accepted by the government so that there will be no liens, estate claims, payback, or forfeitures, and the home, as well as other assets will be conserved for your family. Our advance protection planning is the key.

CASH VALUE LIFE INSURANCE: Cash value life insurance is exempt if the combined face value of all policies in each person’s name is $1,500 or less, plus accrued interest and dividends. Excess cash value can be counted as part of the asset allowance, or the excess must be removed from the policy by a surrender, assignment, exchange, loan, or other financial qualification conservation technique. We can guide you in selecting and implementing the option that best serves your needs. There are a variety of options that we can discuss.

RECOVERY (reimbursement): The state is required by law, to file a claim to recover all benefits paid out on your behalf, against any asset the applicant/recipient owns on the day he or she dies. This can be avoided by properly sheltering all assets prior to death, so that they will not be subjected to Recovery or Forfeiture, in accordance with our special planning protection procedures that we have successfully developed over the last 18 years, and which have been accepted by the government. Also, proper care needs to be taken to consider or avoid tax consequences.

THE QUALIFICATION PROCESS: The applicant or spouse is allowed to pay down a mortgage balance on the principal residence, pay outstanding taxes and bills, make needed purchases for their own use, make needed improvements or repairs to existing assets, and reclassify assets to exempt, or not countable, or unavailable, or not penalized government categories as long as the applicant or spouse does not violate Medi-Cal rules that cause forfeiture or imposition of a penalty. With our knowledge of the government criteria, along with our many years of experience and success, we are able to protect your home and other assets. There are a variety of options available, that we can discuss and explore.

This information should be construed as illustrative and educational only. You should seek professional tax or legal counsel for professional tax or legal advice pertaining to your particular situation. Carl H. Leiter, and Health & Estate Planning, Inc., by means of this educational information, is not offering legal advice in general, or in any specific situation. With respect to the material contained herein, some of the material may be affected by current and future changes in law. For those reasons, the accuracy and completeness of such information remains open and subject to current verification at the time when used.

Important Disclaimer: This website is meant to be informative and is not meant to act as a legal opinion or legal advice. No guarantee of results is implied or expressly made by this website. The material in this website merely touches upon some of the details one should consider. Your legal needs should be addressed by an opportunity to personally speak to you, and review and properly assess your legal financial needs. Do not rely upon this website as legal advice. No professional relationship is created by this website and no professional relationship will be created with unless a written agreement is entered into and signed by Carl H. Leiter.

The government tells you the financial restrictions and limitations, and the transfer restrictions and limitations, but they do not tell you about the rules and procedures that can be used to overcome the restrictions and limitations. For the last 15 years, we have researched and developed the ability to overcome those restrictions and limitations, and to access eligibility for payment of long term nursing home care, and to conserve and shelter your home and your other savings and assets. The government has accepted the procedures that we have developed.

We will evaluate your personal situation and your personal facts with you, and show you how to use little known, legally effective procedures that can save you hundreds of thousands of dollars and avoid any needless financial spend down, liens, forfeiture, or government estate claims, so you can keep your home and savings for your Family. This financial qualification planning is crucial. After we discuss options and alternatives to access government eligibility and qualify for government payment, and you decide which options are right for you, we can quote you a fee for the services we will provide to implement your plan.

The Bottom Line

People who need long term nursing home care only have three choices about payment: (1) pay out-of-pocket from your own income and savings, (2) purchase long term care insurance, if your health and finances allow you to do so (which has coverage gaps and limitations), or (3) access government payment and qualify under the rules we understand and utilize for your benefit. We know how the long term care system works, and how to make it work for you. For almost all seniors who I meet with, this is the first time in their lives that they have claimed a personal benefit from all the taxes they have paid out over their working life. If you or a loved one are concerned about present or future nursing home care costs, or you are planning to enter or upgrade from a current nursing home or assisted living facility, you may pay or you may already be paying out more than you need to, draining assets, or simply delaying payments you are fully entitled to claim.

Even a few months delay can cost you thousands of dollars. Especially since the 2023 average cost of a nursing home in California is over $11,500 a month. In effect, my services pays for itself several times over through the course of a normal nursing home stay. 50% of all seniors over 65 years of age will spend some amount of time in a nursing home for long term care. The average time is 3 years. Of those residents, 25% will spend 5 years or more in long term care. The average for a resident with Alzheimer’s Disease, is 7-8 years. The costs can be devastating. Our professional advance planning can avoid devastating financial consequences.

Check out our FAQ and Common Mistakes & Myths for more information on your rights and how we can help. (click to view)

For a no cost/no obligation free eligibility review, call us directly at (949) 888-8229, or simply complete a request for more information. I will review your eligibility options with you, and how much you could expect to receive in nursing home payment benefits. After the review, you will be able to understand why and how you personally, based on your personal facts and circumstances, could become eligible for payment of nursing home costs. You owe it to your family to find out the facts